4 Answers
Dear Client,
Mr. Singh, for the recovery of your outstanding maintenance, the Execution Petition should be filed immediately in the Family Court or Magistrate’s Court which passed the order in 2018. The law under Section 125(3) of the Criminal Procedure Code, 1973 (currently Section 144(3) of BNSS, 2023) permits the courts to issue orders for attachment of the salary, bank accounts or property of your husband towards the recovery of the dues. The court may also pass non-bailable warrants for arrest if he intentionally ignores the court summons. It is advisable to contact a family lawyer to start work on the enforcement of the court’s orders.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you
Dear Mam, as per your query,
You need to file an execution petition in the same court. If your husband does not pay the maintenance amount, a “Distress Warrant” can be issued attaching your husband's assets to pay you the maintenance.
For further clarification and details, feel free to contact our OLQ Team for a detailed discussion.
Hello,
As per your query,
You should be filing the following
– An execution proceedings as against the maintenance order granted by the court.
– A proceedings for Contempt as against your husband for violation of the order and non payment.
You can also get in touch with me through OLQ for further advise on the matter.